GENERAL MANAGER BHILAI STEEL V PROJECT BHILAI M P GENERAL MANAGER HINDUSTAN STEEL LTD Vs. STEEL WORKS UNION BHOPAL:NARAHARI TRIPATHI TURNER GENERAL SECRETARY UNITED STEEL WORKERS OF BHILAI:S K BISWAS

JUDGEMENT

(1.) These three appeals are directed against an order of the Industrial Court, Madhya Pradesh, in three appeals from an order made by one Mr. I. B. Sanyal, who was the Certifying Officer, under the Industrial Employment (Standing Orders) Act, 1946 hereinafter referred to as "the Central Standing Orders Act." By this order made on August 6, 1962, Mr. Sanyal had certified the draft standing orders submitted by the General Manager, Bhilai Steel Project, Madhya Pradesh. On behalf of the several Unions, including the three Unions, who are the respondents before us, an objection was raised that Mr. Sanyal had no jurisdiction to certify the Standing Orders inasmuch as the Madhya Pradesh Industrial Workmen (Standing Orders) Act, 1959 applied to this industry and not the Central Standing Orders Act. Mr. Sanyal overruled this objection and passed his order, as already stated, on August 6, 1962 certifying the draft standing orders. The Industrial Court, Madhya Pradesh, to which the Unions appealed against the order of certification has however held that Mr. Sanyal had no jurisdiction to certify the Standing Orders and it was the Labour Commissioner, Madhya Pradesh, who was competent to certify these. Allowing the appeals the Industrial Court set aside the order of the Certifying Officer as void, being without jurisdiction. It is against this order that the present appeals have been filed after obtaining special leave of this Court.

(2.) Before us, it is no longer disputed that on June 9, 1960 when the draft standing orders were submitted to the Certifying Officer under the Central Standing Orders Act that Officer had no jurisdiction and the Labour Commissioner, Madhya Pradesh, had jurisdiction to certify them. It has however been urged before us that long before the date on which Mr. Sanyal made his orders, certifying the standing orders the Central Standing Orders Act had become applicable to this industry to the exclusion of the Madhya Pradesh Industrial Employment (Standing Orders) Act, and so, the certification could not be held to be without jurisdiction. We have no doubt that if before the actual date of certification Mr. Sanyal as the Certifying Officer under the Central Standing Orders Act had acquired jurisdiction the certification cannot be held to be void merely because on the date when the orders were submitted before him he had no jurisdiction. (Vide Municipal Board, Pushkar v. State Transport Authority, Rajasthan, Civil Appeal No. 332 of 1962. D/- 21-11-1962 (SC)). The position in law is that the application for certification of the standing orders, though invalid at the time it was made because the officer had no jurisdiction to deal with them, became a valid application when he did acquire jurisdiction. To put the matter in another way, the application should be deemed to have been renewed immediately after the officer acquired jurisdiction in the matter and so, that jurisdiction having continued up to the date of the certification, the certification also would be with jurisdiction and binding. The question that requires examination therefore is:whether before the date of certification i.e., August 6, 1962, the Certifying Officer under the Central Standing Orders Act had become competent to certify the standing orders for the Bhilal Steel Project.

(3.) The answer to this question depends on whether on that date, i.e., August 6, 1962 the Central Standing Orders Act or the Madhya Pradesh Industrial Employment Standing Orders Act applied to the Bhilai Steel Industry. The Central Act, the Industrial Employment Standing Orders Act, 1946, came into force on April 23, 1946. Shortly after this the C. P. and Berar Industrial Disputes and Settlement Act, 1947 was enacted. It extended to the whole of Madhya Pradesh. Sections 2 to 61 of the Act came into force in all the Industries of Madhya Pradesh except certain industries specified in the notification that brought these sections into force. This notification was dated November 20, 1947. By a further notification dated July 22, 1958 this first notification was amended. The consequence of the amendment was that Ss. 2 to 61 of the Act became applicable with effect from August 1, 1958 to the Steel Industry at Bhilai. In 1959 the Madhya Pradesh Legislature passed a separate Act, Act No. XIX of 1959 dealing with matters regarding standing orders for industrial workmen. This repealed S. 30 of the C. P. and Berar Industrial Disputes and Settlement Act, 1947. The result was that from the date on which Act XIX of 1959 came into force, i.e., December 31, 1960-S. 30 of the C. P. and Berar Industrial Disputes and Settlement Act, 1947; was no longer in force in Madhya Pradesh.